Q: My mother died in a nursing home. Other than minimal clothing her remaining estate is only a checking account.
To my knowledge her checking account does not have payable-on-death provision. I have authorized checking privileges, have paid all her bills as her representative and I am the executor for her will. The will is simple and says to divide the remaining assets equally among my bothers and sisters. I'm prepared to do that but do I need to file probate for this or may I distribute them their part?
A:
The answer depends on how the account is titled. If you are a joint owner or still have access to the account after her death, you can distribute the remaining funds pursuant to the Will and you are done (no need to file the Will). This situation arose in my own family at the death of a grandparent. The children had access to the account after death, paid expenses and distributed the remaining funds. The only folks who could challenge the actions are the heirs (in your case the children) so if all are in agreement you should be ok.
An issue arises if the bank disallows you access. At that point you may need to take legal steps to access the funds. Probating a Will is an example of one of those steps. However, if the account value does not exceed $5,000 you should be able to access the funds with a small estate affidavit. Hope this helps and I am sorry for your loss.
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